5th Cir. R. 28.2 — Briefs - Contents

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 28.2 — Briefs - Contents: the court's own rule, verbatim from RULES and INTERNAL OPERATING PROCEDURES OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (December 2025), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Fifth Circuit alongside the Federal Rules of Appellate Procedure.

Requirement

28.2.1 Certificate of Interested Persons. The certificate of interested persons required by this rule is broader in scope than the disclosure statement contemplated in FED. R. APP. P. 26.1. The certificate of interested persons provides the court with additional information concerning parties whose participation in a case may raise a recusal issue. A separate disclosure statement is not required. Counsel and unrepresented parties will furnish a certificate for all private (non-governmental) parties, both appellants and appellees, which must be incorporated on the first page of each brief before the table of contents or index, and which must certify a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent corporations, or other legal entities who or which are financially interested in the outcome of the litigation. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary. Each certificate must also list the names of opposing law firms and/or counsel in the case. The certificate must include all information called for by FED. R. APP. P. 26.1(a), (b) and (c) as appropriate for the case under review. Counsel and unrepresented parties must supplement their certificates of interested persons whenever the information that must be disclosed changes. (a) Each certificate must list all persons known to counsel to be interested, on all sides of the case, whether or not represented by counsel furnishing the certificate. Counsel has the burden to ascertain and certify the true facts to the court. (b) The certificate must be in the following form: (1) Number and Style of Case; (2) The undersigned counsel of record certifies that the following listed persons and entities as described in the fourth sentence of Rule 28.2.1 have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal. (Here list names of all such persons and entities and identify their connection and interest.) Attorney of record for 28.2.2 Record References. Every assertion in briefs regarding matter in the record must be supported by a reference to the page number of the original record, whether in paper or electronic form, where the matter is found using the record citation form as directed by the Clerk of Court. 28.2.3 Request for Oral Argument. Counsel for appellant must include in a preamble to appellant's principal brief a short statement why oral argument would be helpful, or a statement that appellant waives oral argument. Appellee’s counsel must likewise include in appellee's brief a statement why oral argument is or is not needed. The court will give these statements due, though not controlling, weight in determining whether to hold oral argument. See FED. R. APP. P. 34(a) and (f) and 5TH CIR. R. 34.2.

Source of truth

28.2.1 Certificate of Interested Persons. The certificate of interested persons required by this rule is broader in scope than the disclosure statement contemplated in FED. R. APP. P. 26.1. The certificate of interested persons provides the court with additional information conce

Official source: U.S. Court of Appeals — Fifth Circuit (Rules & Procedures)
Source health: Healthy · checked October 4, 2026
Effective date: —
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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